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28 U.S.C. § 1608 — Service; time to answer; default
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state:
(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or
(2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or
(4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services—and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.
As used in this subsection, a “notice of suit” shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation.
**(b)** Service in the courts of
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Source file: Laws/federal/codes/united-states-code/title-28/section-1608-service-time-to-answer-default--6746cdce26.md
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Source location: Title 28, Chapter 97, § 1608; chapter-097-jurisdictional-immunities-of-foreign-states.md
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**(a)** Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state:
(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or
(2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or
(4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services—and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.
As used in this subsection, a “notice of suit” shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation.
**(b)** Service in the courts of the United States and of the States shall be made upon an agency or instrumentality of a foreign state:
(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the agency or instrumentality; or
(2) if no special arrangement exists, by delivery of a copy of the summons and complaint either to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process in the United States; or in accordance with an applicable international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state—
(A) as directed by an authority of the foreign state or political subdivision in response to a letter rogatory or request or
(B) by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the agency or instrumentality to be served, or
(C) as directed by order of the court consistent with the law of the place where service is to be made.
**(c)** Service shall be deemed to have been made—
(1) in the case of service under subsection (a)(4), as of the date of transmittal indicated in the certified copy of the diplomatic note; and
(2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed.
**(d)** In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days after service has been made under this section.
**(e)** No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil remedy**
(1) **Liability for trafficking**
(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this subchapter, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of—
(i) the amount which is the greater of—
(I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949 [[22 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1621&num=0&edition=prelim) et seq.], plus interest;
(II) the amount determined under [section 6083(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6083/a/2&num=0&edition=prelim), plus interest; or
(III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and
(ii) court costs and reasonable attorneys’ fees.
(B) Interest under subparagraph (A)(i) shall be at the rate set forth in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim), computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.
(2) **Presumption in favor of the certified claims** — There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as d
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in [section 1603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim) as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605–1607 of this title or under any applicable international agreement.
**(b)** Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under [section 1608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1608&num=0&edition=prelim).
**(c)** For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 1605–1607 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1330
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
**(a)** A “foreign state”, except as used in [section 1608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1608&num=0&edition=prelim), includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b).
**(b)** An “agency or instrumentality of a foreign state” means any entity—
(1) which is a separate legal person, corporate or otherwise, and
(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and
(3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (e) of this title, nor created under the laws of any third country.
**(c)** The “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
**(d)** A “commercial activity” means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose.
**(e)** A “commercial activity carried on in the United States by a foreign state” means commercial activity carried on by such state and having substantial contact with the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case—
(1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
(2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States;
(3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States;
(4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue;
(5) not otherwise encompassed in paragraph (2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the sc
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Federal law — U.S. Code and appendices · legal_authorities
Page 434
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1608
1 So in original. Probably should be followed by a comma.
(Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat.
2894; amended Pub. L. 110–181, div. A, title X,
§ 1083(b)(2), Jan. 28, 2008, 122 Stat. 341.)
Editorial Notes
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–181 inserted ‘‘or 1605A’’
after ‘‘section 1605’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
For applicability of amendments by Pub. L. 110–181 to
pending cases, see section 1083(c) of Pub. L. 110–181, set
out as an Effective Date note under section 1605A of
this title.
EFFECTIVE DATE
Section effective 90 days after Oct. 21, 1976, see sec-
tion 8 of Pub. L. 94–583, set out as a note under section
1602 of this title.
§ 1608. Service; time to answer; default
(a) Service in the courts of the United States
and of the States shall be made upon a foreign
state or political subdivision of a foreign state:
(1) by delivery of a copy of the summons and
complaint in accordance with any special ar-
rangement for service between the plaintiff
and the foreign state or political subdivision;
or
(2) if no special arrangement exists, by deliv-
ery of a copy of the summons and complaint in
accordance with an applicable international
convention on service of judicial documents;
or
(3) if service cannot be made under para-
graphs (1) or (2), by sending a copy of the sum-
mons and complaint and a notice of suit, to-
gether with a translation of each into the offi-
cial language of the foreign state, by any form
of mail requiring a signed receipt, to be ad-
dressed and dispatched by the clerk of the
court to the head of the ministry of foreign af-
fairs of the foreign state concerned, or
(4) if service cannot be made
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1608
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